Lawmakers miss mark on texting ban

Published: Saturday, March 16, 2013 at 8:16 p.m.

Last Modified: Saturday, March 16, 2013 at 8:16 p.m.

How misguided is the Florida Legislature?

In the face of overwhelming evidence that distracted driving claims thousands of lives a year, injures tens of thousands of people and causes tens of millions of dollars in property damage, they are getting ready to pass a texting-while-driving ban that bans nothing.

Yes, that misguided.

Consider the bill.

Under the law, drivers could talk on the phone, dial while driving, use their GPS devices and text at red lights. While the practice of texting and driving would be prohibited, it would be just a secondary offense. That means a police officer could not pull you over for doing it but could cite you if he pulls you over for some other reason, like speeding, and you’re dumb enough to still be texting when he approaches your window.

It gets worse.

The penalty for texting while driving is a paltry $30. You wouldn’t even get points assessed to your license if you’re cited, unless you cause an accident while texting. But, of course, if you cause an accident, you’re going to be cited for careless driving and get points assessed to your license anyway.

In other words, the law is unenforceable and toothless.

Still, you can bet there will be a lot of back slapping and a flurry of self-congratulatory press releases when and if the House and Senate finally pass the bill.

This will be seen as a victory because, for years, leaders of both chambers have refused to even consider such bills on the principle that they violate your rights. Never mind that critics of texting bans are never really clear what rights would be violated. The right to kill and maim, I suppose.

Make no mistake. Passage of this bill is a disgrace, and we, the people of Florida, will once again be a national punchline.

I called state Rep. Dennis Baxley, one of Ocala’s senior leaders in the Florida House, to ask where he stood on the proposed ban.

Baxley acknowledged the law is probably unenforceable but said it sends a good message about the dangers of distracted driving.

But like many of his colleagues in the Legislature, Baxley doesn’t support a stiffer law.

They fret about the dreaded “slippery slope.” If we’re not careful, the argument goes, such laws will begin to intrude into people’s lives in myriad ways. Do we ban women from doing their makeup in the car? How about people programming their GPS devices? Or eating in the car?

So instead of doing something, they do almost nothing.

It doesn’t matter, apparently, that there is good science and data behind a texting ban. The National Highway Traffic Safety Administration calculates that 3,000 people a year are killed by distracted drivers, many of whom were texting. And researchers have determined that someone tapping out a text message on a mobile device has the same reaction time as an alcohol-impaired driver.

If that’s not convincing enough for lawmakers, they could simply take a drive through any town anywhere in Florida and watch an array of nitwits with their eyes and thumbs glued to their mobile devices veering dangerously into adjacent lanes and highway shoulders and rocketing unaware up the tailpipes of motorists stopped at corners and intersections.

Or they could just stay in Tallahassee and watch the nitwits there. Because as Baxley told me, “I don’t personally know anybody here who doesn’t read or send texts in the car.”

It’s not too late. Get on the phone and call your legislator, or send an email. Demand a law that actually reduces the carnage on our roads.

<p>How misguided is the Florida Legislature?</p><p>In the face of overwhelming evidence that distracted driving claims thousands of lives a year, injures tens of thousands of people and causes tens of millions of dollars in property damage, they are getting ready to pass a texting-while-driving ban that bans nothing.</p><p>Yes, that misguided.</p><p>Consider the bill.</p><p>Under the law, drivers could talk on the phone, dial while driving, use their GPS devices and text at red lights. While the practice of texting and driving would be prohibited, it would be just a secondary offense. That means a police officer could not pull you over for doing it but could cite you if he pulls you over for some other reason, like speeding, and you're dumb enough to still be texting when he approaches your window.</p><p>It gets worse.</p><p>The penalty for texting while driving is a paltry $30. You wouldn't even get points assessed to your license if you're cited, unless you cause an accident while texting. But, of course, if you cause an accident, you're going to be cited for careless driving and get points assessed to your license anyway.</p><p>In other words, the law is unenforceable and toothless.</p><p>Still, you can bet there will be a lot of back slapping and a flurry of self-congratulatory press releases when and if the House and Senate finally pass the bill.</p><p>This will be seen as a victory because, for years, leaders of both chambers have refused to even consider such bills on the principle that they violate your rights. Never mind that critics of texting bans are never really clear what rights would be violated. The right to kill and maim, I suppose.</p><p>Make no mistake. Passage of this bill is a disgrace, and we, the people of Florida, will once again be a national punchline.</p><p>I called state Rep. Dennis Baxley, one of Ocala's senior leaders in the Florida House, to ask where he stood on the proposed ban.</p><p>Baxley acknowledged the law is probably unenforceable but said it sends a good message about the dangers of distracted driving.</p><p>But like many of his colleagues in the Legislature, Baxley doesn't support a stiffer law.</p><p>They fret about the dreaded “slippery slope.” If we're not careful, the argument goes, such laws will begin to intrude into people's lives in myriad ways. Do we ban women from doing their makeup in the car? How about people programming their GPS devices? Or eating in the car?</p><p>So instead of doing something, they do almost nothing.</p><p>It doesn't matter, apparently, that there is good science and data behind a texting ban. The National Highway Traffic Safety Administration calculates that 3,000 people a year are killed by distracted drivers, many of whom were texting. And researchers have determined that someone tapping out a text message on a mobile device has the same reaction time as an alcohol-impaired driver.</p><p>If that's not convincing enough for lawmakers, they could simply take a drive through any town anywhere in Florida and watch an array of nitwits with their eyes and thumbs glued to their mobile devices veering dangerously into adjacent lanes and highway shoulders and rocketing unaware up the tailpipes of motorists stopped at corners and intersections.</p><p>Or they could just stay in Tallahassee and watch the nitwits there. Because as Baxley told me, “I don't personally know anybody here who doesn't read or send texts in the car.”</p><p>It's not too late. Get on the phone and call your legislator, or send an email. Demand a law that actually reduces the carnage on our roads.</p>